MANOJ SON OF RAMSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the common judgement dated 18.05.2012 by which the Court of Sessions, Ajmer in Sessions Case No.46/2010 has convicted the accusedappellants Manoj S/o Ram Singh for offence u/s.302 IPC and Smt.

(2.) Prem for offence u/s.302/34 IPC and sentenced to life imprisonment with a fine of Rs.5, 000 each and in case of default of payment of fine, to further undergo simple imprisonment of one year.

(3.) The brief and relevant facts of the case are that the appellant Prem was married with one Shri Ram Gopal, resident of Gotan, from whom three children were born, who all are major. After few years of marriage, matrimonial dispute arose between appellant and her husband Ram Gopal, as her husband contacted illicit relation with another women and meantime appellant also came in contact with one Manoj resident of Ajmer, with whom she developed intimacy for some time and then she started living with him at Jodhpur. An incident occurred on 19.06.2010, wherein the wife of Manoj named Babli got burn injuries and she was immediately taken to Hospital, by the neighbours and police, whereas as per prosecution case a parcha bayan was recorded and on the basis of parcha bayan of deceased Babli, recorded by the police at JLN Hospital, Ajmer, FIR came to be lodged at Police Station Clock Towar Ajmer, on 20.06.2010 by ASI Ramdutt (PW7) against appellant Manoj for offence under Section 307 of IPC and against appellant Prem for offence under Section 307/34 IPC. But later when Babli died, the case was converted against Manoj for offence under Section 302 IPC and against appellant Prem for offence under Section 302/34 IPC. Police proceeded with investigation and on completion of investigation, filed challan against appellants Manoj and Prem for offence under Section 302/34 IPC, which upon committal came to the Sessions Court, Ajmer. Both were tried for said offences. Prosecution produced 12 witnesses and exhibited 24 articles. However, neither any witnesses, nor any documents have been produced by the defence. Statements of accused-appellants were recorded by the learned trial court under Section 313 Cr.P.C. wherein both pleaded innocence and prayed for acquittal. The learned trial court on conclusion of the trial, convicted and sentenced the accusedappellants in the manner as stated above. Hence these appeals.